Written statement of the defendant-tenant in an eviction suit
IN THE COURT OF THE SMALL CAUSES JUDGE,
Civil Suit No./—————– 200_
Shri __L N D _ Plaintiff
Versus
Shri T N T _ Defendant
A WRITTEN STATEMENT OF THE DEFENDANT
The defendant above-named submits this statement, praying to state as follows:
1. That the contents of para 1 of the plaint are true and correct, and hence,
admitted by this defendant.
2. That the contents of para 2 of the plaint are likewise true and correct, and hence, call for no comments.
3. That the contents of para 3 of the plaint are partially true and partially false, and the defendant submits that the said amount of rent is Rs, 150/- is inclusive of all other charges and taxes.
4. That the contents of para 4 of the plaint are baseless, false and frivolous, and while denying the same, this defendant submits that the defendant time and again offered the amounts of rent to the plaintiff, but it was the plaintiff alone who refused to accept the same.
5. That with respect to the remaining contents of the said para 4 of the plaint, this defendant also submits for the kind consideration of this Hon'ble Court that the defendant has so far sent to the plaintiff as many as six money orders which were refused by the plaintiff, and hence, the defendant committed no default on that count.
6. That the contents of para 5 of the plaint are denied by this defendant, and this defendant submits that the plaintiff be put to the strict proof of the same.
7. That the contents of para 6 of the plaint amount to a sheer piece of fabrication on the part of the plaintiff, and this defendant brings to the kind notice of this Hon'ble Court that it is the plaintiff alone, and not this defendant, who has constructed a big bungalow at Kothrud, and since he himself shifted his own residence there for the last more than three years, he has never turned up even to collect the rent of the suit property or to pay a visit to the premises in his own possession there, and, thus, the plaintiff does not require any premises, much the less the suit premises.
8. That the contents of para 7 of the plaint are misleading, and the particulars of money claim are wrongly calculated.
9. That the contents of para 8 of the plaint to the effect that the suit premises were taken for the purpose of running dispensary but subsequently, the defendant changed the user thereof by converting the same for residence of his family are wrong and misleading, and this defendant submits that the said premises were taken only for the purpose of residence and no other use.
10. That the defendant furthermore submits that there was no cause of action for the plaintiff to file the present suit against the defendant.
11. That the defendant also submits for the kind and sympathetic consideration of this Hon'ble Court the very fact that the plaintiff has malicious plans and designs to make money by disposing of the suit property, and hence, he has been trying to make out a false case.
12. That the defendant, therefore, prays that –
(A)The suit of the plaintiff be kindly dismissed with costs;
(B)The costs of this defendant, be awarded from the plaintiff; and
(C)Any other orders in the interest of justice be kindly passed.
Mumbai, Sd/- TNT
Dated: .. DEFENDANT
Sd/- xXx
ADVOCATE FOR DEFENDANT VERIFICATION
I, Shri TNT, the present opponent, do hereby state on solemn affirmation that the contents of this statement in paras 1 to 11 are true and correct to the best of my knowledge and belief, so I have signed hereunder.
Sd/- TNT DEFENDANT